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section 143(3)

Latest Articles


Disallowance of agricultural expenses on estimation is not sustainable

Income Tax : ITAT Bangalore held that disallowance of agricultural expenses based on estimation is unsustainable without concrete evidence, rul...

August 13, 2024 273 Views 0 comment Print

Notice u/s 143(2) for Income tax scrutiny assessment

Income Tax : Understand the implications of receiving a notice under Section 143(2) of the Income Tax Act. Learn how to respond, time limits, a...

July 8, 2024 23676 Views 0 comment Print

Rectification of Mistake Under Section 154: A Comprehensive Guide

Income Tax : Article discusses about Order which can be rectified under section 154 of Income Tax Act, 1961, Rectification of Income Tax order ...

November 2, 2023 214668 Views 29 comments Print

Section 115BBE needs Relook: Know Misuse, Consequences & Judicial Precedents

Income Tax : Explore the implications of taxation under section 115BBE, including misuse of sections 68 to 69D, consequences of high tax rates,...

August 12, 2023 19167 Views 0 comment Print

FAQs on Assessments under Income-tax Law

Income Tax : Every taxpayer has to furnish the details of his income to the Income-tax Department. These details are to be furnished by filing ...

June 29, 2023 78201 Views 7 comments Print


Latest News


Allow making of fresh claim during assessment proceedings

Income Tax : It has been observed that in many cases an assessee may wish to make a claim which was not made in the return of income filed unde...

January 20, 2016 3637 Views 0 comment Print

Format of details to submitted during Income Tax Assessment

Income Tax : We have attached a file in excel format. The file contains the format of various details which normally assessing officer asks As...

January 4, 2014 17047 Views 0 comment Print


Latest Judiciary


Settlement consideration to be treated as taxable under the head ‘capital gains’: Delhi HC

Income Tax : Delhi HC held that the settlement consideration as received was liable to be recognized as capital gains and the same couldn’t p...

August 17, 2024 105 Views 0 comment Print

Addition u/s. 68 justified as genuineness of transaction and creditworthiness of creditors not proved: ITAT Ahmedabad

Income Tax : ITAT Ahmedabad held that genuineness of transaction, creditworthiness and identity of creditors not proved, hence addition u/s. 68...

August 17, 2024 102 Views 0 comment Print

Settlement commission offering immunity by accepting explanation in spirit of settlement cannot be faulted: Karnataka HC

Income Tax : Karnataka High Court held that settlement commission, accepting additional income offered as reasonable and giving immunity from p...

August 16, 2024 93 Views 0 comment Print

Addition u/s. 68 restored on failure to discharge onus via evidence or material: ITAT Pune

Income Tax : ITAT Pune restored the assessment order as assessee neither filed any evidence nor provided material in an attempt to discharge th...

August 16, 2024 156 Views 0 comment Print

Rajasthan HC Confirms Penalty for Unexplained Cash Deposit

Income Tax : Rajasthan HC upholds penalty under Section 271(1)(c) of the Income Tax Act, 1961 for unexplained cash deposits after withdrawals. ...

August 16, 2024 168 Views 0 comment Print


Latest Notifications


No processing of returns for I-T refund if selected for Scrutiny

Income Tax : Instruction No.1/2015 Clarification regarding applicability of section 143(1D) of the Income-tax Act, 1961- Vide Finance Act, 2012...

January 13, 2015 13989 Views 4 comments Print


Addition unsustainable as identity and creditworthiness of investor company duly proved

May 4, 2023 690 Views 0 comment Print

ITAT Raipur held that addition as an unexplained cash credit u/s 68 of the Income Tax Act unsustainable in as much as the assessee company has duly discharged the onus of proving the identity and creditworthiness of the investor company.

Reopening beyond 4 years of assessment u/s 143(3) without allegation of non-disclosure is untenable

May 4, 2023 2895 Views 0 comment Print

ITAT Bangalore held that reopening beyond the period of 4 years of completion of assessment u/s 143(3) without allegation regarding non-disclosure of full and true material facts is bad-in-law.

Proceedings u/s 263 unsustainable as enquiry already carried out by AO

May 3, 2023 915 Views 0 comment Print

ITAT Mumbai held that initiation of revisional proceedings u/s 263 of the Income Tax Act unsustainable as AO has carried out enquiry on the issues, however, has failed to discuss the same in the Assessment Order.

Business profit not taxable in India in absence of any permanent establishment

May 3, 2023 1335 Views 0 comment Print

ITAT Delhi held that payment received in the nature of Business Profit cannot be brought to tax in India in absence of Permanent Establishment in India.

Addition u/s 68 untenable as AO failed to conduct independent investigation

May 3, 2023 4305 Views 0 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act untenable as AO failed to conduct any investigation or enquiry in respect of information submitted by the assessee. AO also failed to conduct independent investigation and simply relied on third party statements and facts.

Re-computation of capital gains by lower value of consideration for sale of equity shares allowed

May 3, 2023 900 Views 0 comment Print

ITAT Mumbai held that re-computation of capital gains by considering the lower value of consideration for the sale of equity shares of the subsidiary company allowable as the genuineness of the same is proved.

Third party cost incurred is CUP for reimbursement of expenses to AE

May 3, 2023 879 Views 0 comment Print

ITAT Mumbai held that when the transaction is in the reimbursement of expenses to AE, the third party cost incurred is a Comparable Uncontrolled Price (CUP) for the reimbursement. Accordingly, adjustment proposed is directed to be deleted.

Addition u/s 68 beyond jurisdiction if amount already declared as turnover

May 2, 2023 4809 Views 0 comment Print

ITAT Amritsar held that addition under section 68 of the Income Tax Act is beyond jurisdiction as the amount is already declared as turnover and the said turnover is reflected in the books of account.

Delayed payment of employee’s contribution to PF & ESI adjustable u/s 143(1)

May 2, 2023 3915 Views 0 comment Print

ITAT Mumbai held that payment of employee’s contribution to PF & ESI beyond the due dates is not allowable as deduction. Accordingly, the same is an incorrect claim and therefore it falls within the scope of prima facie adjustment u/s 143(1) of the Income Tax Act.

Enhancement of amount without issuance of notice by CIT(A) unjustified

May 1, 2023 879 Views 0 comment Print

Uttarakhand High Court held that issuance of notice by Commissioner (Appeals) mandatory in terms of section 251(2) of the Income Tax Act before enhancing the assessment.

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